Hutchison could be
forced to dismantle scores of the high-tech mobile phone towers that power its
'3' video-phone network after the High Court rejected its application to appeal
a court ruling that ordered the removal of a tower in south Sydney.

Hutchison contractors
broke into OatleyPark
to remove the 22-metre high offending tower at about 5.30am on Saturday after being asked by the phone group to
take down the tower early to avoid negative publicity.

Hurstville City Council mayor Vince Badalati
said he was not worried about the smashed padlock but was glad Hutchison had
begun removing the structure quickly. He said a number of other councils may be
able to take similar action against the telco, which
launched its third-generation mobile service in Australia in April.

MrBadalati said Hutchison
had erected its '3' tower at OatleyPark,
despite Hurstville Council twice rejecting the telco's requests to do so.

Hutchison eventually
relied on a maintenance provision in the Telecommunications Act to erect the
tower. Usually, building such towers requires a permit from the Australian
Communications Authority, which first holds a public inquiry.

However, carriers
generally get around this process by relying on an exemption in the act that
allows a carrier to "maintain" an existing facility. In the case of OatleyPark,
Hutchison had declared that a council lighting pole was an existing facility
and had replaced it with a '3' telecommunications tower.

In July, the NSW Court
of Appeal ruled that Hutchison was wrong to rely on that provision.

Although Hutchison
maintains the OatleyPark
tower was a one-off and that its 500 or so other '3'
towers around Sydney will not be affected, people close to the appeal say
this is not the case.

One source said an
affidavit sworn by a Hutchison project manager indicated that many more '3'
sites could be affected if the High Court refused to allow the company's
appeal. Deacons partner Peter Rigg, who acted for Hurstville Council, also said a number of other sites could
be affected.

Other councils
understood to be considering legal action of a similar nature include Sydney's Sutherland Shire Council and Adelaide's City of Mitcham. The City of Mitcham's action, which concerns five '3' towers, is expected
to be heard in the South Australian Supreme Court soon.

Hutchison said in a
statement that it was disappointed by the High Court's decision but intended to
comply with orders to remove the facility (at present an
equipment shed still remains) within 10 days. A spokesman also said the
company's contractors would not have done anything Hurstville
Council was not first made aware of.